TO ACQUIRE BY EMINENT DOMAIN EASEMENTS OVER, UNDER, THROUGH AND ACROSS A PORTION OF THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY (1) 1-5-022-003, LOCATED AT 1336 DILLINGHAM BOULEVARD, HONOLULU, HAWAII 96817, AND OWNED BY ROBERT K.W.H. NOBRIGA, ELLIOT K. MILLS, CRYSTAL KAUILANI ROSE, JENNIFER NOELANI GOODYEAR-KA’OPUA AND MICHELLE M. KAUHANE, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF BERNICE PAUAHI BISHOP, DECEASED.

WHEREAS, Section 17-103.2(b) of the Charter empowers HART "to acquire by eminent domain… all real property or any interest therein necessary for the development of the fixed guideway system;" and

WHEREAS, prior to such acquisition the Charter directs HART to submit a list of real property to be acquired by eminent domain to the City Council; and

WHEREAS, the City Council may approve the acquisition by eminent domain or may object by adoption of a resolution within 45 days of the notification to acquire the real property; and

WHEREAS, the acquisition by eminent domain easements over, under, through and across a portion of the real property identified as Tax Map Key (TMK) (1) 1-5-022-003, which easement areas are more particularly described in the attached legal descriptions and parcel map marked as Exhibit A-1 and Exhibit A-2 (“Easements”); and

WHEREAS, the Easements are needed in connection with the development of the Honolulu Rail Transit Project fixed guideway system, a valid public use and purpose; and

WHEREAS the rights shall include without limitation, development (and redevelopment), construction (and reconstruction), improvement, upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, protection, operation, use (including public use), preservation, protection, maintenance and repair of the fixed guideway system and for the relocation of utilities; and

WHEREAS, an easement is needed for guideway purposes and electrical purposes; and

WHEREAS, the purpose, type, description and restrictions of the Easements HART is acquiring by eminent domain are described in Exhibit B-1 and B-2; and

WHEREAS, HART is acquiring the rights described in Exhibit B-2 pursuant to the HART and HECO Utility Inspection and Property Transfer Agreement dated May 16, 2018 for the Airport Guideway and City Center Sections of the HRTP.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of HART as follows:

a. The HART Board has provided the necessary preauthorizations and notifications to the City Council, and the City Council has approved and/or taken no action regarding the acquisition of the Easements by eminent domain;

b. HART has provided the owners with the requisite notices and has given the owners the opportunity to accompany HART’s appraiser during the appraiser’s site inspection;

c. HART has obtained an appraisal of the Easements, made by a qualified appraiser licensed in the State of Hawaii;

d. HART’s appraisal was approved by a qualified review appraiser, in accordance with federal requirements, and HART received the necessary appraisal concurrence from the Federal Transit Administration, if applicable;

e. HART has established amounts that it believes are just compensation for the Easements, based on HART’s approved appraisal;

f. HART has made a written offer to the owners in the full amount of the just compensation established by HART, which written offer included a written statement of the basis for the offer of just compensation, in accordance with 49 C.F.R. 24.102(e); and

g. HART has made reasonable efforts to contact the owners and/or the owner’s representatives to discuss its offer to purchase the Easements and has given the owners a reasonable opportunity to consider HART’s offer and to respond.

2. That the acquisition by eminent domain of the Easements is hereby authorized and the Corporation Counsel of the City and County of Honolulu and/or HART’s selected outside legal counsel is empowered to institute eminent domain proceedings as provided by law for the acquisition thereof; and

3. That the acquisition of the Easements by eminent domain is determined and declared to be for a valid public use and purpose as aforesaid; and

4. That the acquisition of the Easements by eminent domain is determined and declared to be necessary for the aforesaid public use and purpose; and

5. That in the process of said proceedings in eminent domain, the Corporation Counsel and/or HART’s selected outside legal counsel is authorized and empowered to negotiate terms of settlement, subject to the approval of HART, the HART Board and/or the Court before which such proceedings are commenced; and

_____________________________
Board Chair

Easement 5OOD
For Guideway Purposes In Favor of HART
As Shown on Map (Parcel Map) of Land Court Application 750
Affecting Lot 430-C
As Shown on Map 130
of Land Court Application 750

SITUATE AT MOKAUEA, KALIHI, HONOLULU, ISLAND OF OAHU, HAWAil

2. Thence on a curve to the right with a radius of 912.04 feet, the chord azimuth and distance being:

122° 11′ 3.71 feet along the northeast side of Dillingham Boulevard;

3. 181° 47′ 30" 26.00 feet along Parcel 4, being a Portion R.P. 7834, L.C. Aw. 7714-B, Ap. 7 to Moses Kekuaiwa;

4. Thence on a curve to the left with a radius of 3900.00 feet, the chord azimuth and distance being:

302° 58′ 49" 10.17 feet;

7. 42° 20′ 22.17 feet along Lot 427 (Map 118) of Land Court Application 750 to the point of beginning and containing an area of 4,026 Square Feet.

Easement 500E For Electrical Purposes
In Favor of Hawaiian Electric Company Inc.
As Shown on Map (Parcel Map) of Land Court Application 750
Affecting Lot 430-C
As Shown on Map 130
of Land Court Application 750

SITUATE AT MOKAUEA, KALIHI, HONOLULU, ISLAND OF OAHU, HAWAIi

2. 182° 19′ 58.61 feet;

3. 272° 19′ 10.00 feet;

4. 2° 19′ 52.81 feet;

5. 302° 04′ 80.78 feet;

6. 212° 04′ 5.50 feet;

7. 302° 04′ 16.00 feet;

8. 32° 04′ 5.50 feet;

9. 302° 04′ 20.67 feet;

10. 222° 20′ 110.10 feet;

11. 308° 38′ 10.02 feet;

12. 42° 20′ 119.09 feet along Lot 427 (Map 118) of Land Court Application 750 to the point of beginning and containing an area of 3,035 Square Feet.

i. Area located within ten (10) feet horizontally on each side of the Project Improvements and fifteen (15) feet vertically above the surface and within which an exclusive safety buffer of ten (10) feet in every direction around columns and footings may be established, within which construction (including reconstruction), development (including redevelopment), inspection, preservation, protection, maintenance and repair of the Project, including, without limitation, the Project Improvements, may be maintained and performed.

ii. Plaintiff shall have the right, at Plaintiff’s sole cost, to establish an exclusive safety buffer of up to ten (10) feet around and extending outward in every direction from each of the columns and Footings.

Plaintiff may, without limitation, temporarily or permanently: (1) cordon off a safety buffer from the public and pedestrian traffic by fencing or other barrier systems and (2) place within the safety buffer barriers or other protective measures to protect the columns and Footings. Plaintiff will take into consideration the impact to the surrounding area and minimize the size in establishing the safety buffer. Within the cordoned- off area, Plaintiff has the right to store temporarily any non-hazardous or combustible equipment or supplies related to active and ongoing CO&M. Plaintiff shall repair, maintain, and secure any such fencing or barrier systems, and any equipment or supplies stored therein.